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HomeMy WebLinkAbout09A 80th & Hemingway Market-Rate Multi-Family Housing Development City Council Action Request Form March 18, 2020 Community Development Public Hearings 80th & Hemingway Market-Rate Multi-Family Housing Development 1. Hold the public hearing on the sale of property at 7516 80th Street South from the Cottage Grove Economic Development Authority to 80th & Hemingway LLC 2. Adopt Ordinance No. 1023 approving the zoning amendment to change the zoning of property located at 7516 80th Street South from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development (PUD). 3. Adopt Resolution 2020-038 approving a site plan review for a 120-unit market rate multi-family housing development at 7516 80th Street South. 4. Adopt EDA Resolution 2020-001 approving the sale of property from Cottage Grove Economic Development Authority to 80th & Hemingway LLC for development purposes. 5. Approve the Development Agreement with 80th & Hemingway LLC. CC Memo Exhibit A – Civil Drawings Exhibit B – Color Architectural Renderings Exhibit C – Plan Review Comments Exhibit D – PC Minutes Excerpt Exhibit E – Development Agreement Exhibit F – Rezoning Ordinance Exhibit G – Site Plan Resolution Exhibit H – Land Sale Resolution TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Christine Costello, Economic Development Director DATE: March 10, 2020 RE: 80th & Hemingway LLC – Rezoning, Planned United Development, Site Plan Approval, Sale of 7516 80th Street South, and Development Agreement Proposal The applicant, 80th & Hemingway LLC, has submitted an application requesting approval of a zoning amendment from B-1, Limited Business, to M-U, Mixed Use, with a Planned Unit Devel- opment (PUD), and site plan review of a 3.18-acre property located at 7516 80th Street South, the location of the former Cottage Grove City Hall. The current property owner is the Cottage Grove Economic Development Authority (EDA). Location Map Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 2 of 14 Review Schedule Application Received: January 29, 2020 Acceptance of Completed Application: February 3, 2020 Planning Commission Date: February 24, 2020 City Council Date: March 18, 2020 60-Day Review Deadline: March 29, 2020 Background In June 2011 it was determined that a new Public Safety/City Hall building would be built, and research was conducted to determine a viable reuse of the former city hall building. The decision was to repurpose the building to house a business incubator, known as the Business Enterprise Center (BEC). The intent of the BEC was to help grow small businesses in Cottage Grove, and with their success those businesses would then relocate into the City’s Business Park. The BEC remained open until the summer of 2016, and at its closing none of the businesses that started in the BEC remained in the community. The building became vacant for approximately six months and then it became the temporary home for Fire Station #2 for approximately one year as a new Central Fire Station was being constructed at the previous location of Station #2. The Cen- tral Fire Station opened in July 2018, and again the former city hall site became vacant. In 2017, City staff and Washington County staff had discussions on a combined development of the former City Hall site and the Park Grove Library. The Library has been in need of repairs and updates estimated in the millions of dollars. City staff also learned that the needs of library patrons and the essential functions of a library have changed over the years as well. City staff and Wash- ington County staff discussed the potential of combining sites for the development of multi-story development with housing and a library, but the needs for each use could not be accommodated on the sites without going vertical on both sites. Washington County chose not to move forward because multi-level libraries are difficult to operate, so the County is reevaluating the needs of the Park Grove Library. In the Fall of 2018 work began on the demolition of the former city hall building. The building no longer retained any value for reuse due to the number of additions, lack of handicap accessibility, and environmental concerns such as mold. To improve the marketability of the site, the rooftop solar panels were relocated to the Central Fire Station, and the building was demolished by the end of 2019. Also in 2018, the City began working with the Developer for the redevelopment of the former city hall site into a market rate multi-family development. The EDA and City Council has had a Letter of Intent (LOI) with the Developer for the redevelopment of the site since 2018. The Developer, 80th and Hemingway LLC, is proposing a four-story 120-unit market rate apartment building with many of the amenities being sought in today’s market rate apartment search and that are currently unavailable in existing apartment buildings in the community. The building will include 94 under- ground parking spaces and 116 surface parking spaces. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 3 of 14 Proposed Site Layout Planning Considerations Land Use and Zoning The property is currently zoned B-1, Limited Business, and the Developer is requesting that it be rezoned to M-U, Mixed Use. Multi-family housing is an allowed use in the M-U District. As part of the application, the Developer is also requesting that the site be a Planned Unit Development (PUD). A PUD allows for flexibility in land redevelop- ment by providing high quality design that is compatible with surrounding land uses both planned and existing, as well as being consistent with the Comprehensive Plan. The City’s 2040 Comprehensive Plan guides the site for Mixed Use; therefore, the rezoning and PUD are in accordance with the community’s future land use goals. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 4 of 14 Density The density of the proposed development is 38 units per acre. The density range for the Mixed- Use Land Use is 20 to 40 dwelling units per acre. Zoning Development Standards The development performance standards comparing the zoning district classifications are detailed below: Lot Development Performance Standards Zoning M-U Proposed Standard Development Minimum Lot Area No Minimum 3.18 acres Minimum Lot width 100 feet 421 feet Screening Whenever a B-3 district abuts a Not Applicable residential district, a screen not less than 50% opaque nor less than 6 ft. in height; except adjacent to a street, where it shall be not less than 3 ft. nor more than 4 ft. in height; shall be erected and maintained along the side or rear property line that abuts the residential district Maximum Building Height 50 feet 47 feet Minimum front yard setback 10 feet 40 feet Minimum side yard, interior lot 10 feet 35 feet line Minimum side yard interior 30 feet Not Applicable adjacent to a residential district Minimum side yard adjacent to 10 feet 30 feet a street Minimum rear yard setback 10 feet 20 feet Minimum rear yard, abutting a 30 feet Not Applicable residential district Minimum rear yard, abutting a 10 feet Not Applicable railroad track right of way Maximum Building Coverage 30% 28.2% (32,000 sq. ft) Transportation Access to the main entrance of the proposed development is at Hemingway Avenue north of 80th Street. An alternative access to the development will be from Hinton Avenue via 79th Street and then south on Hemingway Avenue. Tenants of the building will have the option for surface parking or underground parking for an additional fee. Underground parking will be accessible from the existing curb cut on 80th Street into the underground garage. Ingress and egress from the underground garage will be from this same access location. The access aisle to the underground garage is curved slightly to allow vehicles the ability to stack in the driveway before making turning movements east or west onto 80th Street. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 5 of 14 Underground Parking Access to 80th Street Stormwater Management Plan A proposed stormwater system will be constructed to meet the rate control, volume control, and water quality requirements of the City of Cottage Grove and South Washington Watershed District (SWWD). All the runoff from the proposed building and parking lot will be routed to the proposed system. The stormwater management system will consist primarily of an underground stormwater infiltration/detention system installed below the parking lot. The proposed stormwater system will discharge into the existing public storm sewer located along 80th Street. Staff continues to work with the Developer and the Developer’s Engineer on the storm sewer design to ensure requirements are met. Utilities The property is located within the Metropolitan Urban Service Area (MUSA) and has public utilities available for connection at the entrance off Hemingway Avenue. The installation of the on-site utili- ties, roads, and supporting infrastructure will be privately designed and constructed to meet City specifications. The Engineering memo dated February 21, 2020, addresses the connections and requirements for the project. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 6 of 14 Tree Preservation The Developer conducted a tree analysis and found that there are 21 trees existing on the site. Of those trees, eight are in poor health and need to be removed. An additional 11 trees will need to be removed due to the proposed building layout and development of the site. Existing Trees to be Removed (light green) and Remain (dark green) Per the Tree Preservation Ordinance, the Developer undertook an analysis of the qualifying inches for tree mitigation and found the following: Therefore, due to the replacement requirement of the Tree Preservation Ordinance, 50 percent of the qualifying inches will be replaced at a tree caliper of 2.5 inches for a total of ten trees. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 7 of 14 Landscaping Currently there is minimal landscaping on the site. The Developer is proposing to meet the City’s Zoning Ordinance for landscaping within all the required yards of the site. The zoning ordinance requires that a minimum 8 percent of parking lot interiors be landscaped; the Developer is landscap- ing 9 percent of the parking lot interior. The Developer is also landscaping the building foundation, maintaining the appropriate open space as transitional buffering along property lines, and proposing two new benches to be placed within the landscaped area along 80th Street creating a sense of place for the development in relation to the community. Proposed Landscaping Plan Site Lighting Per the City’s Zoning Ordinance any lighting used to illuminate an off-street parking area, sign, build- ing, or yard shall direct light away from any adjoining residential property or from the public streets and be compatible with adjacent lighting in adjoining districts. The reflected glare of spill light shall not exceed one (1.0) foot-candle as measured on the property line. The Developer submitted a photometric plan that demonstrated that on the north, east, west, and south property lines the foot- candles does not exceed four-tenths (0.4) foot-candle. The Developer meets city code requirements. Park Grove Library The former city hall site and Park Grove Library had a shared driveway that was used to enter and exit both sites. During the land surveying process, it was discovered that the shared entrance is located entirely on the City parcel, and there is no recorded cross access easement agreement with Washington County. When the former City Hall building was demolished, City staff informed the County of the demolition and future redevelopment of the site. Barriers were installed as a temporary measure during the demolition of the site so that individuals would not enter the former City Hall site. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 8 of 14 With the Developer now purchasing and developing the former City Hall site, the shared access will no longer be available for library patrons. The Developer will be responsible to complete improve- ments to the library parking lot to ensure circulation. Additional details have been provided in the attached engineering memorandum from Bolton & Menk dated February 21, 2020. Former Shared Driveway The Developer is required to keep all construction vehicles on site during construction and will not be allowed to stage or park construction vehicles on Hemingway Avenue. This section of Hemingway Avenue is not posted for “No Parking” so if the library needed additional parking, the City would work with the County to determine where additional on street parking could be located for those accessing Park Grove Library. Trails and Sidewalks Currently there is an existing city sidewalk along the length of the development along both 80th Street and Hemingway Avenue. The Developer is proposing to install a trail along the west side of the property to connect the existing sidewalk as well as allow residents the potential in the future to connect to Park Grove Library and Oakwood Park. The trail connection on the west side will also bring residents to the front entrance of the building that faces inward toward the parking lot. The sidewalk along Hemingway Avenue will remain and a portion of sidewalk over the development en- trance will be replaced after construction of the building due to construction traffic. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 9 of 14 The trail along the west side of the building does not support the vehicle load of a Fire Department vehicle. If a fire emergency were to occur on the west side of the building, Fire Department vehicles can park in the parking lot adjacent to the building, located at 7500 80th Street South, and extend their fire equipment into the side yard of the development and/or use the ladder truck to access floors above ground level. Proposed Trail and Sidewalk Park Land and Open Space Mixed Use development should promote a sustainable development that relies on the surrounding parks and trails in the community rather than providing dedicated park and open space at the devel- opment. Due to its close proximity to Oakwood Park as well as the many connections to existing trails and sidewalks, residents of this development will have access to all of the community’s recre- ation amenities via alternative modes of transportation such as biking, walking, and running. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 10 of 14 Existing Parks and Trails Area Charges and Development Fees The related development fees for this project will be based on the acreage and unit count shown in the civil and architectural plan sets. These fees will be accurately adjusted based on the final unit count and will be included in the development agreement. Payment to the City will be required at the time the development agreement is fully executed by the City and Developer. Architecture The proposed four-story 120-unit market rate apartment building will include many of the amenities being sought in today’s market rate apartment search and that are currently unavailable in existing apartment buildings in the community. The building will include a resident community room, outdoor community deck, resident storage, mail and package room, dog run, dog wash, and bike storage. The building will have a mix of units including 31 studio units, 47 one-bedroom units, 38 two-bedroom units, and four three-bedroom units. The units will include a deck or patio and in-unit washer and dryer. The Developer reviewed the surrounding commercial and residential developments in context to the proposed site and felt that the building should have a contemporary design that will include a flat roof design to provide an upscale urban feel that relates to the neighboring commercial buildings. The Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 11 of 14 building design will also include repetitive bump-out bay elements on all sides of the façade. The repetitive bump-out will assist in reducing the scale of the building, but more importantly create a visual interest through the pattern of building materials proposed as well as with light and shadow. The building will include prefabricated suspended decks that will continue the building layers for more depth and visual interest. The southwest corner of the building will feature an architectural ‘crown’ and building signage. The southwest corner will also include features such as brick, additional glaz- ing, and accent lighting to give an asymmetrical design on the 80th Street façade. Illustrative Site Design The exterior building incorporates such materials as brick, glass, burnished rock face block, fiber cement board panels and fiber cement horizontal lap siding. The City’s Zoning Ordinance requires that the Developer use at least 65 percent Class 1 materials and not more than 10 percent of Class 4 materials. The Developer is proposing to use 41.5 percent of Class 1 materials, 7.5 percent of Class 2 materials, and 38.75 percent Class 3 materials, and no use of Class 4 materials on the site. Though the Developer does not meet the zoning requirement for architectural materials, as a PUD the Developer is providing other elements that are not required by the zoning ordinance but elevate the project. These elements include the use of accent lighting on the southwest corner of the building and additional resident amenities that are currently lacking in Cottage Grove’s market-rate apartment rentals. Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 12 of 14 South Elevation – Facing 80th Street North Elevation – Facing Park Grove Library East Elevation – Facing Hemingway Avenue West Elevation – Facing 7500 80th Street Building Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 13 of 14 Neighborhood Meeting The Developer held a neighborhood meeting on November 21,2019. The Developer mailed notices of the neighborhood meeting to property owners within 500 feet of the proposed development. Two commercial property owners attended the meeting and inquired about the overall look of the devel- opment and potential tax impact on their property. Planning Commission Meeting The proposed application by the Developer was heard at a public hearing at the Planning Com- mission meeting on February 24, 2020. There were a few questions regarding traffic from the development and the impact that may have on 80th Street. The City’ consulting engineer, Bolton & Menk, reviewed the proposed development and noted that based on the 94 underground park- ing stalls having access to 80th Street directly across from the portion of Hemingway Avenue located south of 80th Street, and 116 above ground parking stalls having access to Hemingway Avenue north of 80th Street, that the proposed traffic volumes for the 120-unit apartment building is anticipated to generate a total of 69 vehicles (entering and exiting) during the morning rush hour (roughly 7-8 a.m.) and 82 vehicles (entering and exiting) during the evening rush hour (roughly 4- 5 p.m.). This equates to approximately one vehicle entering or exiting the site every 45 to 55 seconds, depending on the time of day. These vehicles will likely be distributed between the two accesses described above, and there isn’t anticipated to be significant impacts to traffic. (Based on the proposed development and the information from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition.) In addition, the two adjacent traffic signals located at East Point Douglas Road/Hardwood Avenue to the west and Hinton Avenue to the east is antici- pated to provide gaps in traffic on 80th Street for vehicles entering and exiting the site. Public Hearing Notices The public hearing notice was published in The Bulletin and mailed to the 78 property owners within 500 feet of the property on January 15, 2020. City Department Review The City’s Technical Review Committee reviewed the application, provided input, and made a favorable recommendation that the proposal be approved as requested. Economic Development Authority (EDA) Sale of Land to 80th and Hemingway LLC The purchase price of the 3.18-acre, or 138,521 square foot, site was appraised for approximately $600,000. During negotiations on the sale of the property to 80th & Hemingway LLC, a final sale price of $400,000 was agreed to by both parties. Though this is a reduction in the appraised price of the land, it is an opportunity to have this 3.18-acre parcel return to the tax roll and no longer be the responsibly of the City of Cottage Grove to maintain. Also, the developer has not asked for any other financing assistance for the project other than assistance in applying for a South Washington Watershed District Grant for an underground stormwater infiltration/detention system installed below the parking lot. Development Agreement The purpose of the development agreement for the proposed project is to ensure the City of Cot- tage Grove and the Developer, 80th & Hemingway LLC, detail the obligations of both parties and Honorable Mayor, City Council, and Jennifer Levitt 80th and Hemingway LLC March 10, 2020 Page 14 of 14 specify the standards and conditions that will govern development of the property. The de- velopment agreement also details the process if either party were to break the agreement. The obligations that are required of both parties include:  Sale and Purchase of 7516 80th Street for $400,000,  Deposit of $20,000 in Earnest Money (which has been completed),  Completion of City Approvals, and  Developer Payment of Developer Fees, listed in Exhibit E. The development agreement was drafted and reviewed by the City’s legal counsel and the De- veloper’s attorney has also reviewed the development agreement. Both parties have agreed to the terms and conditions in the agreement. Recommendation That the City Council approve: 1. A zoning amendment to change the zoning of property located at 7516 80th Street South from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development (PUD). 2. A resolution approving a site plan review for a 120-unit market rate multi-family housing de- velopment at 7516 80th Street South. 3. A resolution approving the sale of property from Cottage Grove Economic Development Authority to 80th & Hemingway LLC for development purposes. 4. Approve the Development Agreement with 80th & Hemingway LLC. Attachments:  Exhibit A – Civil Drawings  Exhibit B – Color Architectural Renderings  Exhibit C – Engineering Review Memorandum 2/21/20  Exhibit D – Unapproved Planning Commission Minutes from 2/24/20  Exhibit E – Development Agreement  Exhibit F – Ordinance Rezoning 7516 80th Street South  Exhibit G – Resolution Site Plan Approval  Exhibit H – Resolution Sale of Land 88(.21# 229(.:# 37(.2# 28(.3# 3'-6" 1'-4" mpdbujpo tfswjdf xbufs Bqqspy/ mpdbujpo tfswjdf mpdbujpo tfxfs tfswjdf xbufs Bqqspy/ Bqqspy/ EXCERPT FROM UNAPPROVED MINUTES OF THE FEBRUARY 24, 2020, PLANNING COMMISSION MEETING 6.3 80th & Hemingway Apartments – Cases ZA2020-009 & SP2020-010 80th & Hemingway LLC has applied for a zoning amendment to rezone the property located at 7516 80th Street South from B-1, Limited Business, to M-U, Mixed Use, with a Planned Unit Development (PUD); and a site plan review of a proposed four-story market rate apart- ment building. Costello summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Katelyn Murray, North Shore Development Partners, 641 East Lake Street, Wayzata, stated that they are excited to be part of the development team on this project. She provided infor- mation on other multi-family projects they have developed. Della Kolpin, 2880 Jewel Lane North, Plymouth, described the project and the amenities that will be provided for the residents. She stated that there were a few key factors that drove the design of the site, including its contours, how the project would fit into the look of 80th Street, the direction and location of the main entry, and the landscape design. She explained that their overall concept was to create a contemporary feel to the site at the same time complementing what is around it. She stated that the materials used for the building include brick, glass, bur- nished rockface block, and Hardy Board. Costello reported that the developer held a neighborhood meeting at Central Fire Station in November with two residents and a firefighter in attendance; they mostly had questions about what the building would look like but did not express any concerns. Zopfi asked how many parking spaces are underground and based on the mix of the sizes of the units, do they believe that is a sufficient number of spaces. Kolpin responded that there are 116 surface parking spaces and 94 underground spaces, for a total of 210. They did a parking analysis because parking is very important for market rate apartments. They looked at the overall ratio and broke it down by apartment types: one stall per unit for studios; 1.76 stalls per unit for the one-bedrooms, noting that the standard is 1.5; and two stalls per unit for the two and three-bedrooms; plus they have provided one stall for every ten units for visitor parking. Knable asked about lighting on the west side of the building facing the businesses. Kolpin responded that they have done a site photometric for their parking lot but haven’t extensively looked at what they are going to do along the walking path and the west side of the building. Frazier asked if the garage door for the underground parking would be below the grade of 80th Street so it is hidden or will it be at grade. Kolpin responded that it goes down about six inches to a foot; there isn’t much of a difference in grade between 80th Street and the garage. She stated that they will be planting trees along the street. Frazier stated his concern is visibility of the garage door to the street, but it sounds like there will be some screening in front of it. Excerpt from Unapproved Planning Commission Minutes 80th & Hemingway Apartments – Cases ZA2020-012 & SP2020-013 February 24, 20202 Page 2 of 2 Khambata asked if vehicles exiting the garage would have an opportunity to go either left or right onto 80th Street. Kolpin responded yes, noting that it is the same access point as the former city hall. Khambata asked if during peak hours there is concern about additional con- gestion. Costello stated that the location of the garage door allows for stacking and vehicles can go either east or west out of the entrance onto 80th Street. In the past police and fire vehicles used that same access for emergencies. Wright asked if the parking lot for the library and this building would be connected, which could possibly be used for overflow parking. Costello responded that there would no longer be a connection to the library from the shared driveway; people will have to access the library from 79th Street. If there are parking issues at the library, the City would work to designate some parking spots on Hemingway Avenue in front of the library. Bigham noted that there is a dedicated right turn lane into the site from 80th Street and noted that other businesses on 80th Street don’t have their own dedicated right turn lane. Costello stated that the design of 80th Street is not changing, so the existing turn lane into the devel- opment will be the same as it was for the city hall facility. Rasmussen asked where the trash and recycling area is located and where is it being picked up from. Kolpin pointed out the location of the trash room on the main level, which is where the dumpsters will be held. She explained when the trash hauler comes, they will roll the dumpsters out into a dedicated stall and the garbage company will pick it up. There are trash chutes from the second and third floors that flow into the dumpsters. Khambata opened the public hearing. Carol Eberhardt, 8118 Hemingway Avenue South, expressed concern about turning west onto 80th Street from Hemingway south of the site. She asked if any thought has been given to the traffic coming in and out across from the proposed building. No one else spoke. Khambata closed the public hearing. Costello stated that staff looked at all access points for traffic along 80th Street and at this time, do not see any issues with the additional traffic. If there are issues, it will be looked at. Khambata asked if the City is comfortable with that the capacity for 80th Street would not be exceeded. Costello responded yes. Bigham asked if the library was offered the opportunity to attend this meeting and if they have seen the current plan. Costello responded that the library has seen the plan. She explained that the City with the County worked over the past couple years in an attempt to redevelop both sites together, but they had specific needs for the library and due to the parcel sizes, it just couldn’t all fit. Frazier made a motion to approve the zoning amendment and site plan review subject to the conditions in the staff report. Wright seconded. Motion passed unanimously (7- to-0 vote). CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. 1023 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY LOCATED AT 7516 80TH STREET SOUTH FROM B-1, LIMITED BUSINESS, TO M-U, MIXED USE DISTRICT, WITH A (PUD) PLANNED UNIT DEVELOPMENT The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as follows: SECTION 1. AMENDMENT. The City of Cottage Grove’s Official Zoning Map as referenced in Section 11-1-6 of the “Code of the City of Cottage Grove,” County of Washington, State of Minnesota, shall be amended by rezoning certain property with property identification number being 08.027.21.43.0006 from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development (PUD). Said property is legally described below: That part of the Southeast Quarter (SE ¼) of Section Eight (8), Township Twenty-seven (27), Range Twenty-one (21), Washington County, Minnesota, described as beginning at a point South line of said Southeast Quarter (SE ¼) distant 2,216 feet west from the Southeast corner of said Southeast Quarter; thence North, perpendicular to said South line, 330 feet; thence at right angles West to the West line of said Southeast Quarter; thence along said West line to the Southwest corner of said Southeast Quarter; thence East along the South line of said Southeast Quarter to the point of beginning. Commonly known as 7516 80th Street South, Cottage Grove Washington County, Minnesota. SECTION 2. REZONING. The Official Zoning Map shall be amended by changing the zoning classification of the property legally described above from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development Overlay (PUD), based on the following findings: A. The underlying commercial land use designation with a PUD zoning is consistent with the commercial land use designation in the City’s 2040 Comprehensive Plan. B. The proposed market rate multi-family housing project is allowed as a permitted use within the M-U, Mixed Use District. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire Official Zoning ordinance: City of Cottage Grove, Minnesota Ordinance No. 1023 Page 2 of 2 “The City of Cottage Grove’s Official Zoning Map (City Code Title 11-1-6) shall be amended by rezoning certain property with property identification number being 08.027.21.43.0006, located at 7516 80th Street South, from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development (PUD).” SECTION 4. EFFECTIVE DATE. This ordinance amendment shall be in full force and effective from and after adoption and publication according to law. Passed this 18th day of March 2020. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk Published in The Bulletin on \[Date\]. CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2020-XXX A RESOLUTION APPROVING A SITE PLAN REVIEW FOR A 120-UNIT MARKET RATE MULTI-FAMILY HOUSING DEVELOPMENT AT 7516 80TH STREET SOUTH WHEREAS, 80TH & Hemingway LLC applied for a site plan review for a 120-unit market rate multi-family housing development on property legally described as: That part of the Southeast Quarter (SE ¼) of Section Eight (8), Township Twenty-seven (27), Range Twenty-one (21), Washington County, Minnesota, described as beginning at a point South line of said Southeast Quarter (SE ¼) distant 2,216 feet west from the Southeast corner of said Southeast Quarter; thence North, perpendicular to said South line, 330 feet; thence at right angles West to the West line of said Southeast Quarter; thence along said West line to the Southwest corner of said Southeast Quarter; thence East along the South line of said Southeast Quarter to the point of beginning. WHEREAS, 80TH & Hemingway LLC also applied for a zoning amendment to rezone prop- erty at 7516 80th Street South from B-1, Limited Business, to M-U, Mixed Use District, with a Planned Unit Development (PUD); and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on February 24, 2020; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented to the Planning Commission on February 24, 2020; and WHEREAS, the public hearing was opened for public testimony, and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended that the City Council approve the zoning amendment and site plan review applications, subject to certain condi- tions. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the site plan review for a 120-unit multi-family market rate housing development to be located on the property legally described above, subject to the following conditions: General Development 1. The developer and builders must comply with all city ordinances and policies except as may be modified by agreement of the developer and City staff. 2. All applicable permits (i.e.; building, electrical, grading, and mechanical) and a com- mercial plan review packet must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. City of Cottage Grove, Minnesota City Council Resolution 2020-XXX Page 2 of 6 3. The applicant receives appropriate permits or approvals from other regulatory agen- cies including, but not limited to: South Washington Watershed District, Minnesota Department of Health, Minnesota Department of Natural Resources, and Minnesota Pollution Control Agency. 4. All grading, drainage, erosion control, and utilities must conform to the final plans approved by the City Engineer. 5. The Developer shall incorporate into the final plat the recommendations, require- ments, and evaluations noted in the Bolton & Menk memorandum dated February 21, 2020, subject to modifications that are agreed to by the developer and City Engineer. 6. Irrigation shall be provided for all sodded and mulched landscaped areas. lawn care and maintenance must extend all the way to the back of the sidewalk at 80th Street South and Hemingway Avenue. The irrigation system shall consist of an underground sprinkling system that is designed by a professional irrigation installer to meet the water requirements of the site’s specific vegetation. The system shall be detailed on the final landscape plan. 7. Installation of landscaping shall occur in a timely fashion and be consistent with an approved plan. A letter of credit in the amount of 150 percent of the landscape esti- mate shall be submitted to the City as required by City ordinance. The financial guarantee shall be in effect for one year from the date of installation to ensure the installation, survival, and replacement of the landscaping improvements. 8. The developer shall replace a sidewalk connection on Hemingway Avenue at the driveway entrance to the development. 9. The developer enters into a development agreement with the EDA and City. Construction and Grading 10. A grading permit and financial guaranty is required for grading activity related to the project. 11. The developer must submit for staff review and approval a final construction man- agement plan that includes erosion control measures, project phasing for grading work, areas designated for preservation, a crushed-rock construction entrance, and construction-related vehicle parking. All emergency overflow swales must be iden- tified on the grading and erosion control plan. 12. A pre-construction meeting with City staff and the contractor must be held before site work begins. The contractor will provide the City with a project schedule for the various phases of construction. 13. Erosion control devices must be installed prior to commencement of any grading activity. Erosion control shall be performed in accordance with the recommended City of Cottage Grove, Minnesota City Council Resolution 2020-XXX Page 3 of 6 practices of the “Minnesota Construction Site Erosion and Sediment Control Plan- ning Handbook” and the conditions stipulated in Title 11-6-12, Erosion Control During Construction of the City’s Subdivision Ordinance. Performance Standards 14. All site lighting must meet City Code requirements. All light fixtures must be down- ward directed. The specifications of all light fixtures must be provided with the application for a building permit. The light poles and fixtures shall be consistent in design and color with the development. 15. Final architectural plans, lighting details, and exterior construction materials and colors must be reviewed and approved by the Community Development Department prior to the issuance of a building permit. 16. All mechanical units shall be screened as required in Title 11-6-4 of the City’s Zoning Ordinance. 17. All mechanical equipment screening consistent with the principal building architec- ture must comply with City ordinance regulations and be reviewed and approved by the Community Development Department prior to the issuance of a building permit. principal building’s exterior materials. 18. Rubbish, garbage, and recycling containers must be stored within the building and shall only remain outside the building during garbage and recycling pickup. Rubbish, garbage, and recycling containers shall be maintained at all times so as not cause odors or other public nuisances. 19. Decorative fencing not necessary for motor vehicle safety shall be commercial grade ornamental fencing - Montage Commercial Majestic 3/4 – Rail Fence design. Utilities 20. The Developer is responsible for providing the necessary easements and costs associated with road and utility improvements serving the site. All drainage and util- ity easements as recommended by the City Engineer and dedicated to the City for public purposes, if needed. 21. The water utility plan shall conform to the City’s water supply and distribution plan. 22. The sanitary sewer utility plan shall conform to the City’s sanitary sewer compre- hensive plan. 23. All stormwater designs shall meet the intent of the City’s Surface Water Manage- ment Plan and the SWWD water management plan. 24. The developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). City of Cottage Grove, Minnesota City Council Resolution 2020-XXX Page 4 of 6 Onsite Infrastructure Improvements 25. The developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property to ascertain whether any of those utility provides intend to install underground lines within the development. 26. The developer is responsible for all street maintenance; upkeep and repair of curbs, boulevards, and sod; and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. The developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of developer’s acts or omissions in performing the obligations imposed upon developer by this paragraph. 27. The developer will provide to the City copies of test results, suppliers, subcontrac- tors, etc., relating to the work to be performed by the developer. 28. Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 9:00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as de- watering or bi pass pumping, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 29. The developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth, or debris resulting from con- struction work by the developer or its agents or assigns. All debris, including brush, vegetation, trees, and demolition materials, shall be properly disposed of off-site; burying construction debris, trees, and other vegetation is prohibited. Burning of trees and structures is prohibited, except for fire training only. 30. The Developer grants the City, its agents, employees, officers, and contractors, per- mission to enter the site to perform all necessary work and/or inspections during grading and the installation of public improvements by the developer. 31. Upon acceptance of the public improvements by the City Council, all responsibility for the improvements must be assumed by the City, except that he developer is subject to a one-year warranty on the construction of improvements from the time of acceptance by the City of all public improvements. 32. The Developer will be responsible for vacation, addition, and recording of any needed easements for site utilities. City of Cottage Grove, Minnesota City Council Resolution 2020-XXX Page 5 of 6 33. The Developer will be responsible for the completion of improvements to the library parking lot to ensure circulation as noted in the Bolton & Menk memorandum dated February 21, 2020. 34. The City will not have any responsibility with respect to any street or other public improvements unless the street or other public improvements have been formally accepted by the City. Upon completion of the improvements, the Developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City’s receipt of a written re- quest for acceptance from the Developer, the City Engineer will conduct a final in- spection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test re- sults, the City Engineer will notify the developer in writing of the City’s approval of the public improvements and schedule the request for acceptance for review by the City Council. 35. Upon completion of the work, the Developer shall provide the City with a full set of as-built plans for City records and transmitted to the City in a DWG AutoCAD format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as-builts, the City will produce them at the developer’s expense. 36. Adequate dumpsters must be on site during construction. When the dumpsters are full, they must be emptied immediately or replaced with an empty dumpster. The developer is responsible for preventing debris from being blown off-site. 37. Adequate portable toilets must be on-site at all times during construction of devel- opment. Toilets must be regularly emptied. 38. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 39. All areas disturbed by the excavation and back-filling operations shall be fertilized, mulched, and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the de- veloper in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and the City’s rights or obligations. If the developer does not City of Cottage Grove, Minnesota City Council Resolution 2020-XXX Page 6 of 6 reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 40. The Developer is responsible for erosion control inspection fees at the current rates. If the developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 41. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 42. The Developer must post a cash escrow with the City’s Finance Director to cover engineering, legal, and administrative costs incurred by the City. If this non-interest bearing account balance becomes deficient, the Developer must deposit additional funds. This must be done before final bonding obligations are complete. This escrow amount will be included in the development agreement. Passed this 18th day of March 2020. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020-001 A RESOLUTION APPROVING THE SALE OF PROPERTY FROM COTTAGE GROVE ECONOMIC DEVELOMENT AUTHORITY TO 80TH AND HEMINGWAY, LLC FOR DEVELOPMENT PURPOSES Whereas, the Cottage Grove Economic Development Authority (“EDA”) desires to sell approximately 3.18 acres of property for the purpose of development for certain real property legally described as: That part of the Southeast Quarter (SE ¼) of Section Eight (8), Township Twenty-seven (27), Range Twenty-one (21), Washington County, Minnesota, described as beginning at a point on the South line of said Southeast Quarter (SE ¼) distant 2,216 feet west from the Southeast corner of said Southeast Quarter; thence North, perpendicular to said South line, 330 feet; thence at right angles West to the West line of said Southeast Quarter; thence South along said West line to the Southwest corner of said Southeast Quarter; thence East along the South line of said Southeast Quarter to the point of beginning. (“Property”); and Whereas, 80th and Hemingway, LLC (“Developer”) desires to purchase the Property for the purpose of development of a four story 120-unit market rate multifamily building; and Whereas, on March 10, 2020, the EDA held a public public hearing on the sale of the Property, and the EDA considered all of the information presented at the public hearing. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Cottage Grove Economic Development Authority as follows: 1. The sale of the Property to the Developer is in the public interest of the City and its people, furthers its general plan of economic development and furthers the aims and purposes of Minn. Stat. Sections 469.090 to 469.108; and the appropriate officials are authorized to take such action so as to effectuate such sale. 2. The plans and specifications for the development of the Property are hereby approved. Passed this 10th day of March 2020. Myron Bailey, President Attest: Jennifer Levitt, Executive Director